|
QUESTION |
REPORTER (complainant / whistle-blower) |
WITNESS (informant) |
IMPLICATED (employee under investigation) |
|
Are there laws, statutes, regulations, or case-law that govern or impact workplace investigative interviews? |
No dedicated interview statute. Internal interviews are permitted under the employer's right to give binding instructions in an employment contract (§ 1173a et seqq. ABGB) and the employee's duty of loyalty. |
Same legal basis: duty to co-operate with lawful instructions (§ 1173a et seqq.ABGB). |
Same legal basis, plus personality-rights protection (§ 1173a Art 27 ABGB). |
|
If NO, what labour statutes regulate related topics? |
• Allgemeines Bürgerliches Gesetzbuch
(ABGB) – employment chapter, §§ 1173a et seqq.
(English: “Liechtenstein Civil Code”). |
Same statutes. |
Same statutes, with emphasis on Art 27 ABGB (employer must protect dignity & health) and abusive-dismissal rules (§ 1173a Art 46 ABGB – unfair termination where employee merely asserts rights). |
|
Is there a legally required notification timeline to schedule an interview? |
No statutory deadline. Employer must act “within a reasonable time” to fulfil Art 6 Work Act duty to investigate health- or integrity-related complaints. |
No statutory deadline; reasonable advance notice is recommended so the witness can comply with the duty of loyalty without prejudice. |
No fixed deadline; good-faith principles require prompt notice so the employee can respond before discipline. |
|
Must the company provide detailed information about the purpose/allegations when scheduling the interview? |
Not expressly required. The Equality Act implies that the complainant must know the nature of the protected-interest investigation (e.g., harassment), but the employer may limit detail to protect confidentiality. |
No statutory rule; employer should disclose only what a witness “needs to know” to give evidence (data-minimisation duty under the DSG). |
No express rule; principles of due process mean the implicated employee must receive enough information to defend themselves before any sanction. (Derived from good-faith doctrine in §§ 1173a et seqq. ABGB). |
|
Is the company required to provide the interviewer's notes or a summary of findings? |
No. The reporter may be told the outcome in general terms but there is no right to raw notes. |
No legal entitlement to notes/findings; confidentiality prevails. |
No statutory right, yet if discipline is contemplated the employer must put the material facts in writing so the employee can contest a dismissal (unfair-dismissal jurisprudence under § 1173a Art 46 ABGB). |
|
May the parties have someone present during the interview? |
No statutory right to accompaniment in a private-sector inquiry; employer may allow a support person. |
Same – no legal entitlement; employer discretion. |
Same – no statutory right to legal or union representation. |
|
Legal duty to notify the employee's manager before interviewing the employee? |
None. |
None. |
None. |
|
Any rule that prohibits interviewing people on a leave of absence? |
None. |
None. |
None (but employer must respect medical confidentiality and fitness-for-work restrictions if the leave is health-related). |
|
Anything else to note? |
• Retaliation against a complainant is in general prohibited (Art 7a GLG); dismissal or other detriments can be challenged. |
• Witnesses who assist a harassment or discrimination inquiry share the same anti-retaliation shield (Art 7a GLG). |
• Employer must safeguard personality rights during the process (§ 1173a Art 27 ABGB) and process data lawfully under the DSG. |
Key points
- Liechtenstein has no stand-alone legislation on investigative interviews; employers rely on general contract-law powers and duties under the Civil Code, Work Act, Equality Act and Data-Protection Act.
- There are no hard timelines, disclosure duties, or representation rights; instead, interviews must be conducted in good faith, with respect for dignity, confidentiality, and data-protection principles.
- Anti-retaliation and personality-rights protections are the most concrete statutory constraints: employers must make sure reporters, witnesses and implicated employees are not disadvantaged simply for taking part in the process.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
